Terms and Conditions
TERMS AND CONDITIONS OF ONLINE SHOP www.fashfactory.com of 25.12.2014
Terms used in the Terms and Conditions shall have the following meanings:
1. Client – a natural person, a legal person, or an organizational entity not being a legal person, but to which specific provisions grant legal capacity, who places an Order in the Shop;
2. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
3. Terms and Conditions – these Terms and Conditions of providing services by electronic means within the online shop www.fashfactory.com;
4. Online Shop (Shop) – the website available at www.fashfactory.com, through which Clients may, in particular, place orders;
5. Goods – products presented in the Online Shop;
6. Sales Agreement – an agreement for the sale of Goods as defined in the Civil Code, concluded between MULTI BRAND GROUP MONIKA CHOMICZ and the Client by means of the Shop's website;
7. The Act on Special Terms of Consumer Sales – the Act of 27 July 2002 on special terms and conditions of consumer sales and the amendment to the Civil Code (Journal of Laws No.141, item 1176 as amended);
8. The Act on Electronic Services - the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9. Order – a Client's declaration of intent aiming directly at concluding a Sales Agreement, specifying in particular the type and number of purchased Goods;
10. B&M Shop - the Seller's shop located in Białystok, ul. Handlowa 1;
11. Seller – MULTI BRAND GROUP MONIKA CHOMICZ;
12. Registration form – the form available in the Online Shop which allows to set up an Account;
13. Account – a set of resources in the Sellers' IT system marked with an individual name (login) and a password determined by the Buyer where the Buyer's data is collected, including information about placed Orders;
14. Order Form – the form available at the Online Shop which enables placing an Order;
15. Product – movable property available at the Online Shop being the subject of the Sales Agreement between the Buyer and the Seller;
16. Proof of Purchase – a fiscal receipt or a VAT invoice;
17. Appendix No. 1 – the document attached to the Terms and Conditions enabling placing an Order via e-mail;
18. Appendix No. 2 – the document attached to the Terms and Conditions enabling the withdrawal from the agreement, referred to in §7;
19. Appendix No. 3 – the Terms and Conditions of the Online Shop www.fashfactory.com in PDF format.
II GENERAL PROVISIONS
1. These Terms and Conditions determine the principles of using the online shop available at www.fashfactory.com
2. These Terms and Conditions constitute the terms and conditions referred to in Art. 8 of the Act on Electronic Services.
3. The online shop www.fashfactory.com is run by the company
MULTI BRAND GROUP MONIKA CHOMICZ,
ul. Handlowa 1, 15-399 Białystok
Taxpayer ID No. NIP 5422705582,
Business ID No. REGON 200257419.
4. These Terms and Conditions determine in particular:
a) the rules of registration and use of an account in the online shop;
b) the terms and rules of booking products available in the online shop by electronic means;
c) the terms and rules of placing Orders in the online shop by electronic means;
d) the rules of concluding Sales agreements with the use of services provided within the Online Shop.
5. To use the online shop the Client shall access by him or herself a computer or a mobile device with the Internet access.
6. Pursuant to the applicable provisions of the law, MULTI BRAND GROUP MONIKA CHOMICZ reserves the right to restrict the provision of services through the Online Shop to persons over 18 years of age. Should it be the case, the potential Clients will be notified thereof.
7. Clients may access these Terms and Conditions at any time using the link featured on the main page of the website http://fashfactory.com//terms-and-conditions, download and print it (Appendix No. 3 – The Terms and Conditions of the Online Shop www.fashfactory.com. The information about the Goods featured on the pages of the Online Shop, in particular their descriptions, technical and performance characteristics and prices, shall constitute an invitation
to conclude an agreement as defined in Art. 71 of the Civil Code.
9. The provisions of these Terms and Conditions are not aimed to constitute a waiver or limitation of any of the statutory rights of the Client being a Consumer in accordance with the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws no. 16, item 93 as amended). In case of discrepancies between these Terms and Conditions and the above referred provisions, the provisions shall prevail.
III HOW TO USE THE ONLINE SHOP
1. The Client may place an order in the online shop as a registered user (with setting an account).
2. In order to register, the Client is required to fill in and accept the registration form available in one to the Shop pages.
3. The registration shall be completed on condition that the Client accepts these Terms and Conditions and provides the obligatory personal data.
4. Should the Client breach the provisions of the Terms and Conditions, the company MULTI BRAND GROUP MONIKA CHOMICZ may deprive the said Client of the right to use the Online Shop, as well as limit his or her access to a part or the entirety of the Online Shop's resources with immediate effect. The breach shall include in particular the situations where the Client:
a) entered untrue, inaccurate or outdated data while registering in the shop, causing misinformation or infringement of the rights of third parties,
b) used the online shop to infringe personal rights of third parties, in particular the personal rights of other clients thereof,
c) undertakes activities considered by the company MULTI BRAND GROUP MONIKA CHOMICZ as non-compliant with the applicable provisions of the law or with the general principles of the Internet use, or activities which damage the reputation of the company MULTI BRAND GROUP MONIKA CHOMICZ.
5. A person deprived of the right to use the online shop shall not be able to re-register without the prior consent of an employee of the company MULTI BRAND GROUP MONIKA CHOMICZ.
6. In order to ensure the security of messages and data related to the services provided by the Website, the Online shop shall implement technical as well as organisational measures appropriate for the level of security threat. These include measures aimed in particular at preventing unauthorised persons from obtaining or modifying personal data transmitted through the Internet.
7. The Client shall be obliged in particular:
a) not to send or hand over any messages whose content is prohibited by the applicable laws, i.e. messages which propagate violence, defame third parties or infringe their personal and other rights,
b) to use the Online shop in a manner not causing any interruptions to its functioning by using specified software or devices,
c) not to send or place unsolicited commercial information (spam) in the Online shop,
d) to use the Online shop in a manner not causing any problems to other clients as well as to MULTI BRAND GROUP MONIKA CHOMICZ,
e) to use all information featured on the Online shop website for personal use only, and for commercial use after prior agreement in writing,
f) to use the Online shop in accordance with the laws applicable in the territory of the Republic of Poland, the provisions hereof, as well as the general rules of the Internet use.
IV CONCLUSION OF SALES AGREEMENT
1. In order to conclude a Sales Agreement via the Online shop, the Client needs to go to the website www.fashfactory.com choose the goods available on the website, and specify their sizes and colours. The Clients shall perform the activities based on the messages displayed on the screen as well as the information available on the website.
2. The Client chooses the Goods by adding them to cart.
3. While placing an Order – until the moment of pressing the "Order" button – the Client may modify the entered data and change the chosen Goods. In order to do that, the Client shall follow the messages displayed on the screen as well as the information available on the website.
4. Once the Client has provided all the required data, a summary of the placed Order shall be displayed. The summary shall include the following information regarding:
a) the ordered goods,
b) unit and total price of the ordered goods or services, including the shipping costs as well as other costs (if applicable),
c) the chosen method of payment,
d) the chosen mode of delivery,
e) delivery time,
f) the granted discount, depending on the net value of the order.
5. To send the Order, the Client is required to accept the Terms and Conditions, provide the obligatory personal data, and click the button "Order Now under Payment Obligation".
6. The Order sent by the Client shall constitute a declaration of intent to conclude a Sales Agreement with MULTI BRAND GROUP MONIKA CHOMICZ in accordance with the provisions hereof.
7. Upon placing the Order, the Client shall receive an e-mail entitled "fashfactory.com, Order no. [...] has been received" with the final confirmation of all important Order details.
8. The Sales Agreement shall be deemed concluded upon receipt of the aforementioned e-mail message by the Client.
9. The Sales Agreement shall be concluded in the Polish language and its content shall be compliant with the Terms and Conditions.
10. The Online Shop sells products in the territory of Poland and in other European countries.
11. Orders may be placed 24/7.
12. The Buyer may choose one of the following ways to place an Order:
a) filling out an Order Form on the Online Shop website,
b) placing an Order by sending an email to firstname.lastname@example.org
13. Orders referred to in item 3a of this article placed on business days after 12:00am, on Saturdays, Sundays, and public holidays, shall be handled on the next business day.
14. The lead time (counted from the moment of placing the order to the moment of handing the parcel to the courier company) shall be 24 h.
Orders are processed in the online shop within a maximum of 24h from the moment of placing the order or from the moment the payment is credited to our account (transfer). The carrier needs additional time to perform the delivery.
15. If the ordered Goods are not in stock, the Buyer shall be immediately notified of this fact and of the extended lead time related thereto, not later than within 48 hours.
16. In the situation referred to above, the Buyer may consent to the extended lead time (up to 14 days) or cancel the ordered Product or the entire Order.
1. The prices in the Online Shop shall be provided in euro and shall be net prices (without VAT) and gross prices (including VAT) presented in the product sheet.
2. A Proof of Purchase shall be attached to each Order.
3. To perform the Order, the Buyer not being a natural person declares that she/he is a VAT payer and authorizes the Seller to issue Proof of Purchase without recipient's signature.
4. The Buyer chooses the method of payment while placing the Order. The Buyer may choose one of the available methods of payment:
a) bank transfer to the account:
Alior Bank: PL 20 2490 0005 0000 4600 2696 3253,
c)PayLane - Payments are handled by the company PayLane sp. z o.o. based in Gdansk, Street Arkonska 6/A3, postcode: 80-387, KRS: 0000227278.
5. The Seller reserves the right to change the prices of Products.
6. Orders placed before the above mentioned changes come into force shall be processed on the rules which were applicable at the moment of placing the order.
7. Transaction-related data such as the credit card type, its number, expiry date, CVV number
(a three digit number on the back of the credit card) are entered on a secure, encrypted website.
1. The delivery of Goods shall be limited to the European countries. The Goods shall be delivered to the address specified by the Client while placing the Order.
2. The Buyer may choose between the following delivery modes. The delivery mode shall be chosen by the Buyer while placing the Order.
a) delivery of Products by courier company to the buyer's address specified while placing the Order.
Additional delivery costs shall be presented while placing the Order.
3. The costs of delivery shall be charged in accordance with the current price lists and shall constitute a part of the gross value of the order and of the volume of the parcel. The Buyer shall be informed about the delivery costs while placing the Order.
4. The Buyer shall cover the costs of delivery.
5. The Buyer shall be obliged to collect the dispatched Product.
6. Delivery time (in Europe) – the delivery is carried out by courier company, the maximum time of delivery in the territory of Europe is 2-5 business days.
7. Dispatch costs for sending commercial goods abroad to the European countries* shall be calculated in accordance with the following table (does not apply to Poland):
a). in the EUROPEAN UNION
Shipping costs to EU countries are calculated as shown below:
|NET order value
||Gross cost of shipping to the European Union
|EUR 0 - 99,99||EUR 15|
|Above 100EUR||FREE SHIPPING|
b). other countries*
*Shipping costs to other countries (not EU) are calculated as shown below:
|Gross order value
||Gross cost of international shipping to other countries*|
|EUR 0 - 34,99||EUR 16|
|EUR 35 - 99,99||EUR 22|
|EUR 100 - 199,99||EUR 25|
|EUR 200 - 299,99||EUR 29|
|EUR 300- 399,99||EUR 31|
|EUR 400 - 599,99||EUR 34|
|EUR 600 - 999,99||EUR 38|
|EUR 1000 - 1499,99||EUR 48|
|EUR 1500 - 2499,99||EUR 68|
|Above 2500 EUR||estimation upon order|
International orders begin to be processed once the payment has been credited to our account. In the case of international orders the following payment methods are available:
- bank transfer,
Delivery of products is limited to the European countries listed above. Order completion – the company responsible for delivery are UPS and QLS company; maximum delivery time across Europe: 2 to 5 working days.
8. The Online Shop www.fashfactory.com shall not bear the custom tax. In the case of orders delivered to a location outside of the European Union, the client shall bear in mind the possible custom taxes. All issues related to the custom taxes are to be taken care of by the Buyer. The details regarding the due amounts due are available to the Client on the website of the Integrated Community Tariff (TARIC). The current rates of applicable custom taxes are available at: http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310.
9. The Clients may access these Terms and Conditions at any time, using the link featured on the main page of the website http://fashfactory.com/terms-and-conditions. The file is available for downloading and printing (Appendix no. 3 – Terms and Conditions of the Online Shop www.fashfactory.com).
10. The General Terms and Conditions (the terms and conditions of sale) and the order details are consolidated, secured, and made available via e-mail. The General Terms and Conditions (the terms and conditions of sale) are always available at http://fashfactory.com/terms-and-conditions. You may see your previous orders after logging in to your account.
VII RIGHT TO WITHDRAW FROM THE AGREEMENT
The right to withdraw from the agreement
You may withdraw from this agreement within 30 days without stating any reasons.
The withdrawal period expires after 30 days from the day, in which you or another third party determined by you other than the carrier came into possession of the items.
To exercise the right to withdraw from the agreement, you have to notify us:
MULTI BRAND GROUP MONIKA CHOMICZ – Online Shop www.fashfactory.com
ul. Handlowa 1,
Business ID No. REGON: 200257419
Taxpayer ID No. NIP: 542 270 55 82
of your decision to withdraw from the agreement by means of an unequivocal statement (e.g. a letter sent by mail, fax, or e-mail).
You may use the template for the declaration of withdrawal. It is, however, not obligatory.
You may also fill out and send the withdrawal form or any other unequivocal statement by electronic means using our website www.fashfactory.com. If you use this possibility, we will promptly send you the confirmation of receipt of the information about
the withdrawal from the agreement using a read only file (e.g. via e-mail).
To observe the withdrawal period it is sufficient to send the notice of the exercise of the right to withdraw from the agreement before the expiration of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement we shall refund to you all amounts we have received from you, including the costs of delivery (except for such additional costs resulting from the fact that you have chosen a mode of delivery other than the cheapest, standard mode offered by us). We shall make the refund promptly and in any case not later than 14 days from the date of receiving your notice of exercising the right to withdraw from this agreement.
The refund shall be made by the same payment method that you used in the original transaction, unless you expressly agreed to other solution; in no case you shall bear any costs of such refund.
We may withhold the refund until the items have been returned to us or until you have provided proof of dispatch, whichever occurs earlier.
Please send or hand over the item immediately and in any case not later than 30 days from the date of notifying us about your withdrawal from this agreement. The deadline shall be deemed to have been observed if you send the item before the expiration of 30 days.
You shall bear the direct costs of returning the items.
You shall only be liable for the loss in the item's value if such loss results from handling the item in a manner not required for examining its condition, properties, or working order.
VIII COMPLAINTS RELATED TO GOODS
1. As a seller, Multi Brand Group Monika Chomicz shall be liable to the Client, who is a consumer under Art. 22 of the Civil Code, under warranty for any defects to the extent determined in the Civil Code.
2. Complaints resulting from infringement of the Client's rights guaranteed by the law or by these Terms and Conditions shall be sent to email@example.com. Multi Brand Group Monika Chomicz shall be obliged to consider each complaint within 14 days. Should it be impossible, the Client shall be notified within that period of when the complaint will be considered.
3. MULTI BRAND GROUP MONIKA CHOMICZ is not a manufacturer of goods. The manufacturer shall be liable under guarantee on the sold Goods.
IX COMPLAINTS RELATED TO PROVIDING SERVICES BY ELECTRONIC MEANS
1.MULTI BRAND GROUP MONIKA CHOMICZ undertakes activities to ensure proper functioning of the Shop based on the current technical knowledge. Moreover, it shall remove any irregularities reported by the Clients within a reasonable period of time.
2. The Client shall be obliged to immediately notify MULTI BRAND GROUP MONIKA CHOMICZ of any irregularities or interruptions in the functioning of the Online Shop.
3. The Client may report the irregularities related to the functioning of the Shop in writing to the following address: ul. Handlowa 1, 15-399 Białystok; using e-mail to the address firstname.lastname@example.org; or using the online contact form.
4. In the complaint the Client should provide their name and surname, address for correspondence, the type of irregularity related to the functioning of the Shop, and the date of its occurrence.
5. MULTI BRAND GROUP MONIKA CHOMICZ shall be obliged to consider each complaint within 14 days. Should it be impossible, the Client shall be notified within that period of when the complaint will be considered.
X FINAL PROVISIONS
1. Any dispute arising between the online shop www.fashfactory.com and the Client who is a Customer under Art. 22 of the Civil Code, shall be settled by the competent court in accordance with the applicable provisions of the Code of Civil Proceedings. Any dispute arising between the company MULTI BRAND GROUP MONIKA CHOMICZ and the Client who is not a Customer under Art. 22 of the Civil Code, shall be settled by the competent court with jurisdiction for the registered office of MULTI BRAND GROUP MONIKA CHOMICZ.
2. All matters not regulated in these Terms and Conditions shall be governed by the provisions
of the Civil Code, the Act on Electronic Services, as well as other relevant Polish laws.
3. The Seller reserves the right to introduce restrictions in the use of the Online Shop caused by its technical and corrective maintenance or work on improvement of its functionality. At the same time, the Seller shall be obliged to use its best efforts to keep the above mentioned interruptions as short as possible and occurring during the night time.
4. The Seller reserves the right to amend the Terms and Conditions. Amendments shall come into force at the moment they are announced on the website of the Online Shop.
5. Orders placed before the above mentioned amendment come into force shall be processed on the rules which were applicable at the moment of placing the order.
6. These Terms and Conditions shall be effective as of 25.12.2014.
Documents attached to the Terms and Condition: